Ethics - Moral law vs. Criminal law

[GwrxVurfer]

Background:
From time to time, Cove members write posts which disclose facts or "hypotheticals" about observing false records being entered or about being asked by management to change or alter Quality records to "make the company look good."

Sometimes the posts express real bewilderment with a request, "What should I do?"

More often, though, the poster knows exactly that the situation is wrong, maybe even criminally wrong, and is expressing his frustration that he is forced into making a decision whether to follow his conscience or to endanger the economic well-being of his family by refusing to do anything wrong or even (in an extreme case) "blowing the whistle" on the wrongdoers, in which case he may even be fired in retaliation.

The current situation:
In the USA, there are some so-called "whistle blower" laws which are supposed to protect employees from retaliation when they inform authorities about criminal activities. The real truth, though, is that it often takes a long, expensive court battle to get reinstated or to get compensation. In the meantime, the employee who has been fired is left hanging in the wind and often loses friends and spends all savings just trying to find another job. There are sad tales of folks who suffered horribly after blowing the whistle (consider Karen Silkwood.)

Sometimes, these would-be whistleblowers engage in criminal activity themselves, trying to get evidence to protect themselves, by stealing records or making illegal recordings. They do this out of ignorance of the laws and of their true rights. Sometimes, the very act of stealing or copying records may make them inadmissable in court, negating the whole attempt.

What should you do if you find yourself between a rock and a hard place on a question having to do with ethics or criminality?

Some courses of action:
1. Confirm your suspicion that you witnessed wrongdoing "on purpose" versus "from ignorance." A guy who realizes he transposed his digits the first time he wrote an inspection dimension and erases the error is not a criminal - just a fool. A manager who creates a forged SPC chart to meet a 1.33 Cpk requirement is both a fool and a criminal.
2. If the wrongdoing is from ignorance, your primary responsibility is to inform someone in authority within the organization so they can investigate and take some sort of corrective or preventive action.
3. If the wrongdoing is from criminal intent, you ought to determine if it is limited to one individual or is systemic.
4. If individual, see item (2), unless it is the very top officer; if systemic, or the top officer, see a qualified employment lawyer first, before gathering documents or secret recordings. The primary purpose of the lawyer is to protect you and your family, then to expose the criminal activity to proper authorities, perhaps even to cooperate or collaborate with authorities. Under no circumstances should you attempt to do any cooperation or collaboration with authorities without advice and agreement from your attorney every step of the way.

Summary:
1. Above all, remember that following a formal legal course of action will result in a more permanent resolution to the problem than a suicidal rush to "expose the evildoers."
2. Not every instance of wrongdoing is criminal or even purposeful, some are just the result of ignorance or stupidity.
3. If there is any lingering question whether the activities you witness or are being asked to perform are criminal, the input from the lawyer will help resolve that question.
4. Under no circumstances should you try to steal or copy confidential documents to bolster your case. (Google "Mark Whitacre") If, after your conversation with the attorney, referral to legal authorities takes place, they can issue search warrants and go in and seize ALL necessary documents and assure they will be admitted as evidence.
5. Prepare for the LONG wait. It may be years, if ever, before you can get compensation for wrongful termination.
6. Disregard tales of anyone who says, "When it happened to me, I just told them . . . stop it, or else . . . and they straightened right out." That's pure fantasy. Reread stories about Rich Taus, Karen Silkwood, Ed Bricker, and others for a dose of reality.
7. Regardless of the fact there is a government route for whistle blowing on a corporation, do NOT take that route without the advice of a lawyer who will protect YOUR interests.
8. Above all, choose your battles. Consider yourself. Consider your own REAL motive for doing this.
Are you afraid life, health, safety of people are affected by the wrongdoing? Do it!
Are you just hoping to get a "reward" (10% of moneys recovered from wrongdoing corporations?) Maybe do it
Are you just getting even with the SOB who promoted his brother-in-law instead of you? Think twice.
Did the guy humiliate you in public and now you are going to get "even?" Don't waste your time.

[demtron]

I got arrested for something I did not do. My father put up his condo to post my $8,450 bail. A few months after getting out of jail he sold the condo. I never received any letter ordering me to show up for court, probably because the mailing address the courts.